The Veteran's lumbar spine disability was rated at 10% prior to August 22, 2017. The cervical spine disability was initially rated at 10%, and then increased to 20% effective August 22, 2017.,After August 22, 2017, the Veteran's cervical spine disability did not meet the criteria for a higher rating under VA regulations. The lumbar spine disability was rated at 10% prior to August 22, 2017 and remains at that level after August 22, 2017.,The Veteran's right lower extremity radiculopathy is rated at 10%, effective August 1, 2019. The left lower extremity radiculopathy was also granted a 10% rating on the same date.
The deciding factor: The VA examinations did not show additional limitation in motion or functional loss that would warrant higher ratings for either the cervical spine or lumbar spine disabilities.
- Claimed conditions
- lumbar spine, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067437
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Granted
The Board granted a 10 percent disability rating for the Veteran's service-connected cervical spine, finding that there was functional loss due to pain causing additional disability beyond that reflected on range of motion measurements.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
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